The Sligo Lighting and Electric Power Act, 1924

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Number 1 of 1924.

THE SLIGO LIGHTING AND ELECTRIC POWER ACT, 1924

AN ACT TO EMPOWER THE GASLIGHT COMPANY OF SLIGO TO ERECT AND MAINTAIN A STATION FOR GENERATING ELECTRICAL ENERGY AND TO SUPPLY AND DISTRIBUTE ELECTRICITY, TO CHANGE THE NAME OF THE COMPANY TO THE SLIGO LIGHTING AND ELECTRIC POWER COMPANY, TO EXTEND THE PURPOSES OF THE COMPANY, TO CONFER FURTHER POWERS OF BORROWING AND OTHER POWERS UPON THE COMPANY, AND TO AMEND AND REPEAL RESPECTIVELY CERTAIN PROVISIONS OF THE SLIGO GAS COMPANY'S ACT, 1855, AND THE SLIGO GAS ORDER, 1893.

[18th JULY, 1924].

WHEREAS by The Sligo Gas Company's Act 1855 The Gaslight Company of Sligo (hereinafter called the Company) were incorporated and authorised (amongst other things) to construct gasworks and supply gas within the limits of the Act and by the Sligo Gas Order 1893 (confirmed by the Gas Orders Confirmation (No. 2) Act 1893) the limits of supply of the Company were extended and are now the Urban District of Sligo and further powers were conferred on the Company:

AND WHEREAS the Company were authorised under the Act of 1855 to issue and have issued six hundred ordinary Shares of ten pounds each and six hundred ordinary Shares of five pounds each (in respect of all which Shares the maximum dividend payable under the said Act is at the rate of eight pounds per cent. per annum) and being authorised under the Order of 1893 to raise additional capital to the amount of six thousand pounds by the issue of new ordinary Shares or Stock (in respect of which the maximum dividend payable under the said Order is at the rate of seven pounds per cent. per annum) or new Preference Shares or Stock (in respect of which the maximum dividend payable under the said Order is at the rate of five pounds per cent. per annum) have issued under the said Order four hundred New Preference Shares of ten pounds each but have not issued the rest of the additional Capital authorised by the said Order:

AND WHEREAS the Company are authorised to borrow under the said Act and the said Order sums not exceeding in the aggregate the sum of three thousand five hundred pounds subject to the provisions of the said Act and the said Order but have not raised any moneys by borrowing as authorised by the said Act and the said Order:

AND WHEREAS the erection of a generating station and works as hereinafter provided and the supply and distribution of electricity within the area of supply hereinafter defined would be of public and local advantage:

AND WHEREAS the Company are willing at their own expense to construct such generating station and works and to supply and distribute electricity within such area under the powers and subject to the conditions hereinafter contained and it is expedient that the purposes of the Company be extended for that purpose and the powers hereinafter contained be conferred on them:

AND WHEREAS it is expedient that in order to enable the Company to carry out the purposes aforesaid the Company should be empowered to raise money by borrowing on mortgage of the undertaking or by the creation and issue of debentures or debenture stock in accordance with the powers hereinafter provided:

AND WHEREAS maps and plans showing the boundaries of the proposed area of supply and the Streets parts of Streets and Roads through which it is proposed to erect or lay down distributing mains and showing the situation and lines of the proposed works and the site of the land to be used for the purpose of a generating station and a book of reference containing the names of the owners or reputed owners, lessees or reputed lessees and occupiers of such land were duly deposited with the Clerk of the Peace for the County of Sligo the Secretary of the County Council of the County of Sligo and the Clerk of the Urban District Council of Sligo and are hereinafter referred to as the deposited maps plans and book of reference:

AND WHEREAS it is expedient that certain provisions in The Sligo Gas Company's Act 1855 and the Sligo Gas Order 1893 contained respectively should be amended and repealed respectively as hereinafter provided and that the name of the Company should be changed to The Sligo Lighting and Electric Power Company:

AND WHEREAS the aforesaid objects cannot be attained without the authority of the Oireachtas:

BE IT THEREFORE ENACTED BY THE OIREACHTAS OF SAORSTAT EIREANN AS FOLLOWS:—

Change of Name of Company.

1.—The name of The Gaslight Company of Sligo shall be changed upon the passing of this Act to The Sligo Lighting and Electric Power Company and for the purposes of this Section the provisions of Part IV (Change of Name) of the Companies Clauses Act 1863 are incorporated with and form part of this Act.

Application of Electricity (Supply) Acts.

2.—This Act shall be deemed a Special Act within the meaning of the Electricity (Supply) Acts 1882 to 1919 and the Electric Lighting (Clauses) Act 1899.

Incorporation of Acts.

3.—The following Acts so far as the same are applicable for the purposes of and are not inconsistent with or varied by the provisions of this Act are incorporated with and form part of this Act (that is to say):—

(1) The Companies Clauses Consolidation Act 1845 .

(2) The Companies Clauses Act 1863 as amended by subsequent Acts.

(3) The Electricity (Supply) Acts 1882 to 1919 and the Electric Lighting (Clauses) Act 1899 Provided that in the application of Section 2 of the Electric Lighting Act 1888 (purchase of undertaking by local authority) to the Company and their undertaking a period of thirty-five years shall be substituted for the period of forty-two years mentioned in that Section and subsequent periods of seven years shall be substituted for the subsequent periods of ten years mentioned in that Section.

(4) The provisions of the Schedule to the Electric Lighting (Clauses) Act 1899 with the exception of Section 83 of that Schedule Provided that in the application of the provisions of that Schedule to the Company or their undertaking a reference to an Order for the revocation of the Special Order shall be construed as being a reference to an Order providing for the cesser of powers conferred by this Act.

Interpretation.

4.—In this Act the several words and expressions to which meanings are assigned by the Acts incorporated herewith or by the Act of 1855 or by the Order of 1893 have the same respective meanings unless there be something in the subject or context repugnant to such construction. And—

The expression "the Company" means The Gaslight Company of Sligo and after the change of the name of the Company as by this Act provided The Sligo Lighting and Electric Power Company and the Company shall for the purposes of this Act be the Undertakers within the meaning of the Electricity (Supply) Acts 1882 to 1919 and the Electric Lighting (Clauses) Act 1899;

The expression “the Principal Acts” means the Electricity (Supply) Acts 1882 to 1919 the Electric Lighting (Clauses Act 1899 and the Schedule to the Electric Lighting (Clauses) Act 1899;

The expression “the Act of 1855” means The Sligo Gas Company's Act 1855;

The expression “the Order of 1893” means the Sligo Gas Order 1893 confirmed by the Gas Orders Confirmation (No. 2) Act 1893;

The expression “the existing Acts” means the Act of 1855 and the Order of 1893;

The expression “the Directors” means the Directors of the Company.

Extension of general purposes and powers of Company.

5.—In addition to the purposes of the Company as authorised by the existing Acts the purposes of the Company shall include the constructing erecting laying down maintaining working and using electric generating stations and works and producing, generating, using, supplying and distributing electrical energy or power and the undertaking or contracting for the lighting by means of such energy or power of streets, bridges or public places within any part of the area of supply as defined by this Act and generally carrying out the powers and purposes of this Act;

And shall include the discontinuance of any of the purposes authorised by the existing Acts;

And shall include the acquisition, construction, erection, maintenance, enlargement, alteration, working or user or discontinuance, sale, letting and disposal of all such lands, easements, buildings, works, machinery, plant, stock, electric current, wires, lamps, motors, fittings, meters and apparatus material matter and things the holding of patent and other rights and licences (not exclusive) and the exercise of such powers and doing of such works and supply of such material and products matter and things as may be necessary or convenient in for or in connection with or arise or be used in the production, generation, use, storage, regulation, transforming, transmittal, measurement, distribution and supply of electrical energy or power or the fitting up and repairing of any such articles or things or for providing or working material matter or things for these purposes or any of them or otherwise carrying on the undertaking:

Provided that the Company shall not manufacture any wires, lamps, motors, fittings, meters or apparatus without the consent of the Minister for Industry and Commerce:

Provided also that the Company shall not be entitled to discontinue the supply of gas except to such extent as may from time to time be authorised by an Order made by the Minister for Industry and Commerce pursuant to the provisions of Section 29 of the Electric Lighting Act 1882 or Section 10 of the Gas Regulation Act 1920 :

Provided also that in the event of a Central Power Station being established for an area in which the area of supply as defined by this Act is included and that a supply of electricity in bulk is thereby made available to the Company at a rate of charge equal to or less than the cost of generation in the generating station of the Company the Company shall take such supply from the Central Power Station.

Area of Supply.

6.—The area of supply for the purposes of this Act and within the meaning of the Principal Acts shall be the whole of the Urban District of Sligo situate in the Barony of Carbury and County of Sligo as more particularly shown on the deposited Map.

Compulsory Works.

7.—The Company shall within a period of two years after the passing of this Act lay down suitable and sufficient distributing mains for the purposes of general supply within the meaning of Section 21 of the Schedule to the Electric Lighting (Clauses) Act 1899 throughout the several streets roads and parts of streets all situate within the Urban District of Sligo as specified in the Second Schedule to this Act.

Overhead Wires.

8.—The consent of the local authority to the placing of electric lines above the ground under Section 14 of the Electric Lighting Act 1882 and paragraph (b) of Section 10 of the Schedule to the Electric Lighting (Clauses) Act 1899 shall not be unreasonably withheld and if any question arises whether that consent is unreasonably withheld or not that question shall be decided by the Minister for Industry and Commerce. In the event of the Minister deciding that such consent has been unreasonably withheld the local authority shall be deemed thereupon to have given such consent.

For the protection of the Sligo Corporation.

9.—Subsection 6 of Section 2 of the Sligo Corporation Act 1918 (whereby any person liable to be rated in respect of any houses and buildings situated outside the limits of the Borough as defined for municipal purposes before the passing of the Sligo Borough Improvement Act 1869 and at a distance exceeding two hundred yards from any public gas lamp shall be entitled to be exempted in respect of such houses and buildings from payment of so much of the borough rate as is expressed to be made for the purpose of defraying the expenses of the Corporation in relation to public lighting purposes) shall have effect after the passing of this Act as though the expression "public gas lamp" included any public lamp maintained by or under contract with the Corporation whether the illumination of such lamp may be provided by means of gas or electrical energy or otherwise and the said subsection shall be construed accordingly.

Power to break up Streets.

10.—Subject to the provisions of the Principal Acts and of this Act the Company are authorised to break up the streets not repairable by the local authority which are specified in the Third Schedule to this Act and the railways also specified in that Schedule.

For the protection of the Minister for Posts and Telegraphs.

11.—Section 14 of the Schedule to the Electric Lighting (Clauses) Act 1899 so far as it relates to the Minister for Posts and Telegraphs shall apply to the construction or laying down under this Act of any works across or along any land railway canal or navigation whether below or above ground in like manner as it applies to the execution of works in, under, along or across any street or public bridge.

For the protection of The Sligo Harbour Commissioners.

12.—Where any standards electric lines or other works have been constructed under the powers of this Act on or over the property of or any place under the control of The Sligo Harbour Commissioners the Company shall from time to time at the request of and on reasonable cause being shown by the Commissioners remove or alter the situation of such standards electric lines or other works the Commissioners discharging all reasonable expenses incurred by the Company by reason of such removal or alteration and the Company shall not construct any electric line cable or other work across the Port and Harbour of Sligo except by the permission of the Commissioners but such permission shall not be unreasonably withheld. If any question or difference shall arise between the Company and The Sligo Harbour Commissioners with regard to any matter arising under this Section such question or difference shall be decided by the Minister for Industry and Commerce.

Land for Generating Station.

13.—The Company may on the lands situate in the Urban District of Sligo shown on the deposited maps and plans and described in the First Schedule to this Act or on any part or parts thereof erect maintain work and use a station for producing, generating, transforming, using, transmitting, conveying and distributing energy or power or any material product matter or thing arising or used in the process of such generation or transformation with all buildings, engines, dynamos, batteries, accumulators, storage works motors, generators, machinery, appliances, apparatus and conveniences and may produce, generate, transform, transmit, convey and distribute energy, power, material products matters and things accordingly.

Maximum prices for energy supplied by the Company.

14.—The prices to be charged by the Company for energy supplied by them shall not exceed those stated in the Fourth Schedule to this Act.

Maximum price for gas supplied by the Company and revision thereof.

15.—The powers of the Minister for Industry and Commerce under Section 32 of the Schedule to the Electric Lighting (Clauses) Act 1899 and Section 10 of the Electric Lighting Act 1909 in regard to the revision and variation of prices or methods of charge for energy supplied under the powers of this Act shall extend to prices and methods of charge for gas supplied by the Company after the passing of this Act and the said Sections shall be construed accordingly: Provided that a period of three years shall be substituted for the period of five years mentioned in Section 10 of the Electric Lighting Act 1909 Pending any such revision or variation of prices or methods of charge the price to be charged by the Company for gas supplied by them shall not exceed a rate of seven shillings and six pence for one thousand cubic feet.

Borrowing owers.

16.—(1) The Company may raise for the purposes of this Act at their option either by borrowing on mortgage of the undertaking or by the creation and issue of debentures or debenture stock or wholly or partially by any of those modes any sum or sums not exceeding in the whole twenty thousand pounds.

(2) The Company may create and issue debenture stock subject to the provisions of Part III. of the Companies Clauses Act 1863 .

(3) The sanction of the general Meeting of the Company shall be required for the exercise of any power of borrowing conferred by this Act.

(4) The powers of borrowing conferred by this Act are in substitution for the powers in that behalf conferred by the existing Acts and Sections sixteen and seventeen of the Act of 1855 and subsection (2) of Section nine and Sections twenty-one and twenty-two of the Order of 1893 are hereby repealed as from the passing of this Act.

(5) All moneys raised under this Act shall be applied only to purposes to which capital is properly applicable Provided that the Company may charge to capital account the interest accruing during the period by this Act limited for the completion of the works by this Act authorised or such less period as the Directors may determine on all or any moneys borrowed or moneys raised by the issue of debentures or debenture stock created and issued under the powers of this Act for the purpose of providing funds for the construction of the works by this Act authorised or other purposes to or on which capital may under the provisions of this Act be applied or expended.

(6) The Company may create a Sinking Fund to provide for the redemption or payment off of all or any of the securities of the Company issued under the provisions of this Act and may apply such portion of the profits of the undertaking in any year as the Company shall determine towards the establishment maintenance or augmentation of such Sinking Fund and may from time to time apply such Sinking Fund or any part thereof or any part of the profits of the undertaking in any year in payment of moneys borrowed by the Company or in the purchase of any securities of the Company issued under the provisions of this Act. Any securities so purchased shall immediately after the purchase thereof be cancelled and shall thenceforth be and be taken to be extinguished and the Directors shall cause the same to be duly noted as so cancelled and extinguished in the books of the Company. No such security so purchased otherwise than in the open market shall be purchased at a price exceeding the price as recorded in the Company's books at which the last transaction in the same class of security has taken place and the Company shall not reissue any security which shall have been cancelled under the provisions of this subsection.

Temporary Loans.

17.—The Company may for the purposes of or in connection with their business borrow moneys on temporary loan by means of overdrafts or otherwise and may under the hand or hands of one or more of their Directors or Officers generally or specially authorised draw accept and endorse Bills of Exchange or other negotiable instruments.

Application of Funds.

18.—The Company may apply for or towards the purposes of this Act any sums of money which they have already raised or are subject to the provisions of this Act authorised to raise under the authority of the existing Acts and any funds under the control of the Directors.

Quorum of General Meetings.

19.—(1) As from the date of the passing of this Act the quorum of a General Meeting of shareholders shall consist of shareholders to the number of not less than ten present in person or by proxy and holding in the aggregate shares of nominal value of not less than one hundred pounds Provided that in the case of an Extraordinary Meeting there shall not be a quorum unless the shareholders present in person or by proxy hold in the aggregate shares of nominal value of not less than two thousand pounds.

(2) As from the said date Section twenty of the Act of 1855 shall be and the same is hereby repealed.

As to appointing proxies.

20.—Notwithstanding anything contained in the existing Acts or in any enactment incorporated therewith it shall be lawful for the attorney of any shareholder duly authorised in writing to appoint a proxy to vote for and on behalf of that shareholder and for that purpose to execute on behalf of such shareholder the necessary form of proxy. Provided that the instrument appointing such attorney shall be transmitted to the Secretary of the Company at the same time as the instrument appointing such proxy.

Remuneration of Directors, Auditors and Secretary.

21.—(1) The remuneration of the Directors and of the Auditors of the Company shall from time to time be fixed at a General Meeting of the Company and in addition to the powers which the Directors may exercise under the Companies Clauses Acts 1845 to 1889 they may determine the remuneration of the Secretary.

(2) As from the date of the passing of this Act Section twenty-nine of the Act of 1855 shall be and the same is hereby repealed.

(3) As from the date of the passing of this Act so much of Section thirty-one of the Act of 1855 as provides that every auditor shall have at least ten shares in the Company shall cease to have effect.

Meetings of Company.

22.—Notwithstanding anything contained in the existing Acts or any enactment incorporated therewith the ordinary General Meetings of the Company shall be held in each year at such time as the Directors may from time to time determine.

Limitation of dividends and Reserve Fund.

23.—(1) The Company shall not in any year declare out of their profits any larger dividends than the rates of dividend in this subsection mentioned namely eight pounds in respect of every hundred pounds actually paid up of the original capital which has been issued as ordinary capital under the Act of 1855 seven pounds in respect of every hundred pounds actually paid up of such additional capital as may be issued as ordinary capital under the Order of 1893 and five pounds in respect of every hundred pounds actually paid up of such additional capital as has been or may be issued as preference capital under the Order of 1893.

(2) The Company may from time to time out of the profits of the undertaking in any year set apart such sum as they think fit by way of a reserve fund to be thereafter applicable to any of the purposes of the Company including the payment of dividends and as from the date of the passing of this Act the provisions of Section 25 of the Order of 1893 with regard to the creation and application of a reserve fund by the Company shall cease to have effect.

(3) Subject to the provisions of this Section the provisions of the existing Acts limiting the dividends to be declared by the Company shall as from the date of the passing of this Act cease to have effect.

Power to hold patent rights, etc.

24.—The Company may acquire and hold patent and other rights and licences (not being exclusive) in relation to the use of electricity for the purposes of this Act.

As to applications for Special and other Orders.

25.—Nothing in this Act shall prevent the Company from applying and the Company may apply for Special or other Orders under the Electricity (Supply) Acts 1882 to 1919.

Cesser of Powers.

26.—If within two years from the passing of this Act any work by this Act authorised be not completed or the powers conferred (other than powers of borrowing) or some of them be not exercised all such powers and authorities given by this Act shall thenceforth cease and determine save only as to so much of such work as has been completed within such time or so much of such powers as shall have been exercised and upon the making of an Order by the Minister for Industry and Commerce to that effect these powers shall cease accordingly Provided always that nothing in this Section shall limit the application of the provisions of Section 23 of the Schedule to the Electric Lighting (Clauses) Act 1899 to the Company or their undertaking.

Provisions as to General Acts.

27.—Except as is by this Act expressly provided nothing in this Act shall exempt the Company or their undertaking from the provisions of or deprive the Company of the benefits of any general Act relating to electricity or to the supply of or to the price to be charged for electricity which has been already passed or which may be passed after the passing of this Act.

Costs of Act.

28.—All costs charges expenses and liabilities preliminary and incidental to the preparing for obtaining and passing of this Act or otherwise in relation thereto shall be borne and paid by the Company.

Short Title.

29.—This Act may be cited as The Sligo Lighting and Electric Power Act, 1924.

THE SCHEDULES REFERRED TO IN THE FOREGOING ACT.

LANDS TO BE USED FOR THE PURPOSE OF A GENERATING STATION,

All or any part or parts of All That plot of ground with frontages to Wine Street and Adelaide Street situate in the Urban District of Sligo and County of Sligo of which the Company are owners and in occupation as shown upon the deposited maps and plans.

STREETS, PARTS OF STREETS AND ROADS THROUGHOUT WHICH DISTRIBUTING MAINS ARE TO BE ERECTED OR LAID DOWN:—

STREETS NOT REPAIRABLE BY THE LOCAL AUTHORITY AND RAILWAYS WHICH THE UNDERTAKERS ARE SPECIALLY AUTHORISED TO BREAK UP.

(a) Roads. — So much of the Quays and Roads the property of The Sligo Harbour Commissioners as are situate within the area of supply.

(b) Railways. — So much of the railways and roads of the Midland Great Western Railway of Ireland Company as are situate within the area of supply and so much of the railways and tramways the property of The Sligo Harbour Commissioners as are situate within the area of supply.

MAXIMUM PRICES FOR ENERGY.

In this Schedule the expression "unit" shall mean the energy contained in a current of one thousand amperes flowing under an electro motive force of one volt during one hour.

Section One.

Where the Company charge any consumer by the actual amount of energy supplied to him the price to be charged shall not exceed a rate of one shilling per unit, provided that the Company may charge any consumer:

(a) In respect of each of the quarters ending 31st March and 31st December respectively for any amount up to fifteen units fifteen shillings and

(b) In respect of each of the quarters ending 30th June and 30th September respectively for any amount up to ten units ten shillings

Section Two.

Notwithstanding anything contained in Section One of this Schedule the Company may enter into agreements with consumers that a periodical charge be made in respect of the maximum power required by consumers in addition to a charge for electrical energy supplied to consumers.